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PENBROOK HAULING CO. v. SOVEREIGN CONST. CO.

128 N.J. Super. 179 (1974)

319 A.2d 277

PENBROOK HAULING CO., INC., PLAINTIFF, v. SOVEREIGN CONSTRUCTION CO., LTD., DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 19, 1974.

Attorney(s) appearing for the Case

Mr. Richard E. Brennan for plaintiff (Messrs. Shanley & Fisher, attorneys).

Mr. Spencer N. Miller for defendant (Messrs. Krivit, Miller, Galdieri & De Luca, attorneys).

GELMAN, J.S.C.

Plaintiff Penbrook Hauling Co., Inc. (Penbrook) is a common motor carrier and it instituted this action against Sovereign Construction Co., Ltd. (Sovereign) to recover unpaid freight charges for the transportation of freight received by Sovereign as consignee.

Sovereign was the prime contractor for the construction of a building at the United States Military Academy, West Point, New York. Under date of October 3, 1968, it entered into a subcontract...

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